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Court of Appeal of Uganda

The Court of Appeal is the second highest court in the land.  It came into being following the promulgation of the 1995 Constitution, and the enactment of the Judicature Statute, 1996. Article 134 of the Constitution established the structure of the Court of Appeal.

While presiding over matters , it is duly constituted when it consists of an odd number of not less than three (3) justices of the Court of Appeal. It is this court that constitutes itself into a Constitutional Court in accordance with the Constitution to hear constitutional cases.

The Constitutional Court consists of fifteen (15) justices and handles the matters, issues or cases concerning the interpretation of the Constitution  When presiding over a constitutional matter, there must be a quorum of at least five (5) justices of the court.

Physical address
Twed Towers along Kafu Road, Nakasero,Kampala.
3 judgments
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3 judgments
Citation
Judgment date
August 1999
An equitable lease formed by offer, acceptance and part performance cannot be defeated by laches when the owner unjustifiably refuses execution.
Land law – Contract for lease – Offer, unconditional acceptance and part performance create equitable leasehold enforceable in equity; withdrawal after acceptance not permitted. Specific performance – Equitable remedy – Laches not a bar where party holds equitable estate and has not abandoned claim
Limitation – Cause of action accrues on refusal to execute formal lease; statutory limitation not triggered earlier
Rent/busuulu – Failure to plead or pursue eviction remedies does not validate withdrawal of offered lease
12 August 1999
Relative eyewitness identification, dying declaration and physical corroboration upheld murder conviction; appeal dismissed.
Criminal law – Murder – Identification by household members – Dying declaration – Corroboration by conduct and physical evidence – Irregularity at case-to-answer stage held harmless.
5 August 1999
Failure to consider all statements and the whole evidence led to substitution of murder conviction with manslaughter due to doubt on intent.
Criminal law – Murder v manslaughter – Proof of malice aforethought; Assessment of evidence – duty to consider all statements and the whole case; Self‑defence/accident – relevance of victim being armed and conduct during struggle; Credibility – inconsistencies and omissions in witness account; Sentencing – substitution of conviction and reservation of sentence.
2 August 1999